Federal judge axes Fox Rothschild in hacking case because firm represented a claimed victim company
A well-known Philadelphia-based law firm is conflicted out of representing the son of a Russian parliament member in a criminal hacking case, a federal judge in Seattle ruled Friday.
That’s because the firm, Fox Rothschild, also has represented one of the many corporate victims from which the scheme—that prosecutors say was orchestrated by defendant Roman Seleznev—stole credit card information, the Associated Press reports.
While such conflicts presumably exist at many of the nation’s big-name law firms, U.S. District Judge Robert Jones said he was persuaded by a letter he received from the president of Zpizza that screening efforts by the firm weren’t sufficient. The president, Sid Fanarof, wrote the judge saying he gave confidential information to a Fox lawyer that could help Seleznev.
The judge ruled that defense co-counsel Garvey Schubert Barer was not conflicted out, even though the firm has represented a different alleged corporate victim of Seleznev, Grand Central Baking, because of a lack of overlap between the practice areas.
Robert Ray, a New York partner of Fox Rothschild, said it isn’t clear whether Fox Rothschild can or will appeal. Partner David Smith of Garvey Schubert said he will talk with Seleznev and determine what the client wants to do. “It’s a decision that wasn’t expected,” Smith said of the judge’s ruling, “so we will need to regroup to figure out how to properly staff this case.”
Hat tip: Seattle Times.
See also:
ABAJournal.com: “In first case of its kind, feds use RICO statute to pursue claimed Internet credit-theft ring”
ABAJournal.com: “Judge says Russian’s arrest in Maldives was legal; he will face charges in US”
